[Federal Register Volume 62, Number 135 (Tuesday, July 15, 1997)]
[Notices]
[Pages 37881-37884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18463]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 070197A]
Small Takes of Marine Mammals Incidental to Specified Activities;
Oil and Gas Exploration Drilling Activities in the Beaufort Sea
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of receipt of application and proposed authorization for
a small take exemption; request for comments.
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SUMMARY: NMFS has received a request from ARCO Alaska, Inc., (ARCO) for
an authorization to take small numbers of marine mammals by harassment
incidental to exploration drilling activities in Camden Bay, Beaufort
Sea in waters off Alaska. Under the Marine Mammal Protection Act
(MMPA), NMFS is requesting comments on its proposal to authorize ARCO
to incidentally take, by harassment, small numbers of ringed, bearded,
and spotted seals and possibly, bowhead and beluga whales, in the above
mentioned area between August 1997 and August 1998.
DATES: Comments and information must be received no later than August
14, 1997.
[[Page 37882]]
ADDRESSES: Comments on the application should be addressed to Michael
Payne, Chief, Marine Mammal Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Silver Spring, MD 20910-3225. A copy of
the application, an environmental assessment (EA) and a list of
references used in this document may be obtained by writing to this
address or by telephoning one of the contacts listed below.
FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, Office of
Protected Resources, NMFS, (301) 713-2055, Brad Smith, Western Alaska
Field Office, NMFS, (907) 271-5006.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
directs the Secretary of Commerce to allow, upon request, the
incidental, but not intentional, taking of marine mammals by U.S.
citizens who engage in a specified activity (other than commercial
fishing) within a specified geographical region if certain findings are
made and either regulations are issued or, if the taking is limited to
harassment, notice of a proposed authorization is provided to the
public for review.
Permission may be granted if NMFS finds that the taking will have a
negligible impact on the species or stock(s), will not have an
unmitigable adverse impact on the availability of the species or
stock(s) for subsistence uses, and the permissible methods of taking
and requirements pertaining to the monitoring and reporting of such
taking are set forth.
On April 10, 1996 (61 FR 15884), NMFS published an interim rule
establishing, among other things, procedures for issuing incidental
harassment authorizations under section 101(a)(5)(D) of the MMPA for
activities in Arctic waters, including requirements for peer-review of
a monitoring program and a plan of cooperation between the applicant
and affected subsistence users. For additional information on the
procedures to be followed for this authorization, please refer to that
document.
Summary of Request
On May 30, 1997, NMFS received an application from ARCO requesting
a 1-year authorization for the possible harassment of small numbers of
several species of marine mammals incidental to moving a Concrete
Island Drilling System (CIDS) from Prudhoe Bay to Camden Bay, Alaska
and drilling an oil exploration well at that location during the
winter, 1997/98. Essentially, the project has several stages as
summarized below:
(a) Deballast the bottom-founded Global Marine Drilling Co.
``Glomar Beaufort Sea #1'' CIDS and move it to the well site in Camden
Bay on or about August 15, 1997;
(b) Transport drilling supplies, materials and other equipment to
the CIDS. Transport fuel from Canada to the site;
(c) Warm shutdown mode until such time as ice in Camden Bay is
fully formed (estimated to be around November 1, 1997). Crew change via
helicopter during this and succeeding times;
(d) Drilling operations after ice formation on or around November
1, 1997. Drilling and well testing operations may occur from that date
through mid-May 1998;
(e) Cold shutdown mode from completion of drilling and well testing
operations until around July 1, 1998; and
(f) Towing CIDS from Camden Bay by tug boats to Prudhoe Bay or
another location.
A more detailed description of the work planned is contained in the
application (ARCO 1997) and is available upon request (see ADDRESSES).
Description of Habitat and Marine Mammals Affected by the Activity
A detailed description of the Beaufort Sea ecosystem and its
associated marine mammals can be found in several documents (NMFS 1996,
Minerals Management Service (MMS) 1992, 1996; NMFS 1989) and need not
be repeated here.
Marine Mammals
The Beaufort/Chukchi Seas support a diverse assemblage of marine
mammals including bowhead whales (Balaena mysticetus), gray whales
(Eschrichtius robustus), beluga (Delphinapterus leucas), ringed seals
(Phoca hispida), spotted seals (Phoca largha) and bearded seals
(Erignathus barbatus). Descriptions of the biology and distribution of
these species, and others, can be found in several other documents (LGL
and Greeneridge 1996, 1997, Lentfer 1988, MMS 1992, NMFS 1989, 1990 and
1996, Small and DeMaster 1995). Please refer to those documents for
information on the biology, distribution and abundance of these
species.
Potential Impacts on Marine Mammals
Disturbance by noise is the principal means for potential takings
by harassment by this activity. Vessels, aircraft, and drilling
activities all provide potential sources for the harassment of marine
mammals by noise at the activity site. These are summarized below.
Potential Harassment by Vessel Noise
No specific acoustic characterization of the CIDS under tow has
been undertaken. However, the tow is performed by three ocean-going
tugs of a type that are commonly used for transport activities in the
Beaufort (e.g., the various sealifts to the oil fields, re-supply of
offshore drilling operations, annual barge lifts to coastal
communities).
Detailed information about noise levels produced by marine traffic
employing comparable vessels in the Beaufort Sea is available elsewhere
(Malme et al. 1989, Richardson and Malme 1993, Richardson et al.
(1995)) and is incorporated here by reference. In summary, bowheads
show avoidance reactions, at times being displaced by as much as a few
kilometers (km) (Richardson et al. 1993), to ships and boats that
proceed directly toward them but then frequently return to whatever was
their behavior aspect (swimming, feeding, resting, etc), once the
source of the disturbance has passed (Richardson and Malme 1993).
Bowheads that are actively engaged in social interactions or mating may
be less responsive to boats (Wartzok et al. 1989, Richardson and Malme
1993). Wartzok et al. (1989) also found that bowheads >1,640 ft (>500
m) to the side of or behind a small ship seemed unaffected and that
bowheads often approached within 329-1640 ft (100-500 m) when the ship
was not maneuvering toward the whales. Approximately 1 percent of
bowheads (based on subsistence harvested animals) show scars from
collisions with vessel propellers (George et al. 1994).
In addition to tugs moving the CIDS, additional vessel traffic will
consist of barges transporting drilling supplies from Prudhoe Bay and
fuel from a port in the Canadian Arctic. An estimated ten barge loads
(two barges at five loads per barge) of material will travel after the
CIDS to the well location from Prudhoe Bay, AK. These barges will
contain the drilling supplies and other materials needed to support the
operation through the 1997/98 winter drilling season. After offloading
at the CIDS on or about September 1, 1997, they will return to Prudhoe
Bay area. This activity is expected to occur from about August 27, 1997
to about September 9, 1997, weather permitting.
[[Page 37883]]
In addition to the above barges, there will be two barge loads (one
barge/two loads) traveling from the Canadian Beaufort Sea area westward
to the CIDS to provide fuel for the upcoming drilling operations. The
barge will offload the fuel at the CIDS and return to Canada area as
soon as fuel transfer operations are completed. This activity is
expected to occur from about August 27 through September 9, 1997,
weather permitting.
There is no evidence from past monitoring programs in the Beaufort
Sea that marine traffic of the type discussed above causes avoidance
reactions in those seal species which may be present in the area.
Beluga whales, which migrate through the Beaufort Sea, but far to the
north of the activity, have shown strong avoidance at great distances
from tugboats, especially in spring (Richardson et al. 1995).
Potential Harassment by Aircraft Noise
Crew changes and supplies of fresh food will be handled by
helicopter(s) based in Deadhorse, AK. Helicopters have the potential to
harass marine mammals. However, because these flights will fly mostly
over land, any potential harassment is expected to be limited to seals
inhabiting shore-fast ice. Ringed and bearded seals hauled out on ice
often dive when approached by low flying aircraft or helicopters (Harbo
1972, Burns and Frost 1979, and Allison 1981 as reported in Richardson
et al. 1995) but do not always do so (e.g., Burns et al. 1982).
As detailed in Richardson et al. (1995), reactions of ringed seals
concealed in subnivean lairs (below snow on ice) varied with aircraft
altitude and lateral distance (Kelly et al. 1986). Radiotelemetry
showed that some seals left the ice when a helicopter was at an
altitude 1,000 ft (<305 m)="" within="" 1.25="" mi="" (2="" km)="" lateral="" distance.="" the="" noise="" in="" a="" subnivean="" lair="" is="" reduced="" by="" snow="" (cummings="" and="" holliday="" 1983).="" however,="" counts="" of="" ringed="" seal="" calls="" in="" water="" suggests="" that="" seal="" abundance="" in="" one="" area="" subjected="" to="" low-flying="" aircraft="" and="" other="" disturbances="" was="" similar="" to="" that="" in="" less="" disturbed="" areas="" (calvert="" and="" stirling="" 1985).="" to="" minimize="" potential="" harassment,="" nmfs="" proposes="" to="" require="" helicopters="" supplying="" the="" cids="" to="" maintain="" an="" altitude="" of="" 1,000="" ft="" (305="" m)="" until="" within="" .5="" mi="" (.80="" km)="" of="" the="" cids,="" except="" in="" emergency="" situations.="" potential="" harassment="" by="" drilling="" operations="" the="" cids="" is="" an="" offshore="" drilling="" platform="" specifically="" designed="" to="" operate="" in="" relatively="" shallow="" 30-50="" ft="" (10-16="" m)="" arctic="" waters.="" although="" close="" to="" shore="" (3.5="" mi="" (5.6="" km)),="" the="" platform="" may="" be="" visible="" to="" those="" few="" bowheads="" that="" approach="" the="" shoreline.="" however,="" the="" platform="" should="" not="" be="" visible="" to="" the="" great="" majority="" of="" bowheads="" which="" will="" be="" within="" the="" main="" westward="" migratory="" path="" in="" waters="" 65-165="" ft="" (20-50="" m)="" deep.="" during="" 1979-94,="" only="" about="" 3.0="" percent="" of="" the="" bowheads="" traveled="" west="" within="" 12.5="" mi="" (20="" km)="" of="" from="" the="" barrier="" islands="" (lgl="" and="" greeneridge="" 1996).="" while="" the="" platform="" is="" in="" warm="" shutdown,="" underwater="" wideband="" sound="" pressure="" levels="" (spls)="" are="" expected="" to="" be="" approximately="" 109="" db="" (re="" 1="">Pa @ 1 m) at a range of 912 ft (278
m) with running generators as the only significant source of man-made
sounds from the operations during this period (Hall and Francine 1991).
Hall and Francine (1989) report that 13 bowhead whales approached to
within 656 ft (200 m) of a stationary drilling platform in 1989 while
it was in a quiet mode.
Once freeze-up is completed, drilling operations can begin. Hall
and Francine (1991) measured the SPL from a CIDS in the Beaufort Sea at
134-137 dB (re 1 Pa @ 1 m) after freeze-up at 656 ft (200 m)
and 89 dB at 0.87 mi (1.4 km) (Richardson et al. 1995). While SPLs at
this level of intensity are considered by NMFS to be too low to be
injurious to pinnipeds, there may be some effects in the immediate
vicinity of the CIDS due either to associated sounds, human activity,
or the structure itself. Frost and Lowry (1988), for example, found in
springtime that densities of ringed seals were reduced within 2.3 mi
(3.7 km) of artificial islands, on some of which drilling was underway.
Alternatively, the creation of polynas (areas of open water) in the
wake of artificial islands, bottom founded structures, or occurring
naturally, could attract seals. This attraction could lead to increased
mortality by predating polar bears, which, by spring, could lead to a
local decrease in the seal population.
Potential Effects on Subsistence Needs
Provided the mitigation measures described below are followed, NMFS
has not identified any unmitigable adverse impacts on the availability
of the species or stock(s) for subsistence needs. The CIDS will be
placed on location by September 1, 1997, prior to the beginning of the
annual bowhead whaling season. Also, since no drilling operations will
be conducted until after freeze-up, there will be only minimal noise
generated from the rig that could influence, or otherwise impact,
subsistence whaling operations. It should be noted that the CIDS
location is approximately 35 mi (56.3 km) west of the Kaktovik and 100
mi (161 km) east of the Nuiqsut communities.
Potential Effect on Habitat
The CIDS is a mobile offshore drilling unit that has a
``footprint'' of 295 ft (90 m) X 312.5 ft (95.25 m). The temporary loss
of this area is negligible when compared to the size of the nearshore
Beaufort Sea. When drilling and well-testing operations are completed,
the well will be plugged and abandoned in accordance with MMS and
Alaska Oil and Gas Conservation Commission regulations. This
abandonment will leave the project area in essentially an unmodified
condition, since there will be no wellhead or other structures
remaining above the ocean floor. In the unlikely event that there is a
significant oil spill, ARCO has prepared an oil discharge prevention
and contingency plan (ODPCP) specifically for the Warthog #1
exploration well. The ODPCP is an extensive document that addresses
spill response, several spill scenarios, cleanup activities, and
numerous other aspects of oil spill prevention and response.
Potential Impacts on Polar Bears and Walrus
ARCO believes that small numbers of polar bears (Ursus maritimus)
and Pacific walrus (Odobenus rosmarus) may be present at various times
in the drilling area. As a result, ARCO applied for a Letter of
Authorization from the U.S. Fish and Wildlife Service (USFWS) for the
taking of these two species incidental to the Warthog #1 drilling
project. This authorization was granted by the USFWS on May 21, 1997,
under 50 CFR Part 18, subpart J.
Mitigation
Several mitigation measures to reduce the potential for marine
mammal harassment will be implemented by ARCO as part of their proposed
activity. These include:
(a) Moving the CIDS from Prudhoe Bay to Camden Bay prior to the
westward migration period for bowhead whales;
(b) Completion of supply and construction of the CIDS prior to the
start of the Kaktovik subsistence bowhead hunt;
(c) Maintaining the CIDS in a warm shutdown mode until such time as
ice in Camden Bay is fully formed (e.g., during the time period for
bowhead whale migration);
(d) Using the CIDS platform instead of a floating platform, or
semisubmersible platform eliminating the need for icebreaker vessels;
[[Page 37884]]
(e) Conducting drilling operations during winter months instead of
during the open water season as done in previous years;
(f) Maintaining the CIDS in a cold shutdown mode after completion
of drilling in May 1998; and
(g) Not moving the CIDS to Prudhoe Bay during the spring bowhead
migration period.
In addition to mitigation proposed by ARCO as part of their
application, NMFS will caution ARCO from conducting any activities
relating to the operation of the CIDS, to the extent practicable, in
the vicinity of ice pressure ridges or other areas where ringed seal
lairs may be present.
Monitoring
The monitoring program will consist of two phases:
Phase I-Open Water Season. Arco will utilize trained personnel
onboard the various transport vessels to conduct visual observations to
locate and assess the behavior of those six species of marine mammals
that are known to use the open-water area between Prudhoe Bay and
Camden Bay. The monitoring program will commence with the movement of
the CIDS to Camden Bay in mid- to late-August 1997 and will end at the
time that freeze-up of Camden Bay is complete. Observers will be
trained by a marine biologist (approved in advance by NMFS) and an
experienced Native marine mammal subsistence hunter. Both of these
individuals will accompany the vessels transporting the CIDS and will
remain with the CIDS until freeze-up. All marine mammal observations
will be provided daily to NMFS.
NMFS proposes, as part of this Authorization, if granted, to also
require the above-mentioned monitoring program during deballasting and
movement of the CIDS back to Prudhoe Bay, or another location. NMFS,
however, will require notification if the CIDS is to be moved to a
location other than between Camden Bay and Prudhoe Bay.
Phase II-Ice Season. Although not mentioned in the application,
monitoring during the ice-drilling season will also be necessary.
However, because of the low expectation of interactions with marine
mammals that are under the jurisdiction of NMFS, dedicated observers
are not considered necessary. As a result, NMFS proposes to require as
part of the Authorization that ARCO instruct the polar bear watchperson
to maintain a sightings-and-behavior log for seals that is separate
from the Polar Bear Sightings Log. This latter reporting requirement is
mandated by 50 CFR 18.27 and the Letter of Authorization issued to ARCO
by the USFWS on May 21, 1997.
NMFS does not propose to require any seal or whale monitoring
program during the cold shutdown phase.
Reporting
In addition to daily reporting via radio during the open water
season, NMFS proposes to require ARCO to submit two reports, the first
to be submitted 60 days after starting oil drilling for the open-water
monitoring period. The second report will be required 90 days after
completion of activities authorized for marine mammal takings.
Consultation
Under section 7 of the Endangered Species Act, NMFS has begun
consultation on the proposed issuance of an incidental harassment
authorization. Consultation will be concluded upon completion of the
comment period and consideration of those comments in the final
determination on issuance of an authorization.
National Environmental Policy Act (NEPA)
In conjunction with this notice, NMFS has released an EA that
addresses the impacts on the human environment from issuance of the
authorization and the alternatives to the proposed action. A copy of
the EA is available upon request (see ADDRESSES).
Conclusions
NMFS has preliminarily determined that the short-term impact of
exploration drilling and related activities in the Beaufort Sea will
result, at worst, in a temporary modification in behavior by certain
species of pinnipeds, and possibly some individual bowhead or beluga
whales. While behavioral modifications may be made by these species of
marine mammals to avoid the resultant noise from tugs either towing the
CIDS or transporting supplies, or due to drilling activities, this
behavioral change is expected to have a negligible impact on the
animals.
While the number of potential incidental harassment takes will
depend on the distribution and abundance of marine mammals (which vary
annually due to variable ice conditions and other factors) in the
activity area, the number of potential harassment takings is estimated
to be small. In addition, no take by injury and/or death is anticipated
and takes will be at the lowest level practicable due to incorporation
of the mitigation measures mentioned above. No rookeries, mating
grounds, areas of concentrated feeding, or other areas of special
significance for marine mammals occur within or near the planned area
of operations during the season of operations.
Because bowhead whales are east of the area in the Canadian
Beaufort Sea until late August/early September, moving the CIDS during
August is not expected to impact subsistence hunting of bowhead whales.
Appropriate mitigation measures to avoid an unmitigable adverse
impact on the availability of bowhead whales for subsistence needs is
expected to be the subject of consultation between ARCO and subsistence
users.
Proposed Authorization
NMFS proposes to issue an incidental harassment authorization to
ARCO for the possible harassment of small numbers of several species of
marine mammals incidental to moving a CIDS from Prudhoe Bay to Camden
Bay, Alaska and drilling an oil exploration well at that location
during the winter 1997/98, provided the above mentioned mitigation,
monitoring and reporting requirements are incorporated. NMFS has
preliminarily determined that the proposed activities would result in
the harassment of only small numbers of ringed seals, bearded seals,
spotted seals and, possibly bowhead and beluga whales; will have a
negligible impact on these marine mammal stocks; and will not have an
unmitigable adverse impact on the availability of these stocks for
subsistence uses.
Information Solicited
NMFS requests interested persons to submit comments, information,
and suggestions concerning this request (see ADDRESSES).
Dated: July 9, 1997.
Patricia A. Montanio,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 97-18463 Filed 7-14-97; 8:45 am]
BILLING CODE 3510-22-F
